--(1) A party required to provide a witness statement may apply to the court for permission to serve a witness summary instead if he is not able to obtain a witness statement.
--(2) The application may be made without notice.
--(3) It must however be supported by evidence showing why it is not possible to obtain a witness statement.
--(4) A witness summary is a summary of the evidence, so far as is known, which would otherwise be included in a witness statement; or if the evidence is not known, the matters about which the party serving the witness summary will question the witness.
--(5) Unless the court orders otherwise a witness summary must include the name and address of the intended witness or other sufficient means of identifying him.
--(6) Unless the court orders otherwise, a witness summary must be served within the period in which a witness statement would have had to be served.
--(7) Where a party provides a witness summary, so far as practicable, rules 29.4 (requirement to serve witness statements), 29.5 (form of witness statement), 29.7 (procedure where party will not serve witness statements), 29.8 (supplemental witness statements) and 29.10 (amplifying witness statements at trial) shall apply to the summary.
Notes
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